A Rockland automobile finance company allegedly seized and sold a serviceman’s car while he was on active duty, according to a lawsuit, in violation of a federal law.
Dosyear White of Buffalo accused New City Funding Corp., Stony Point, of violating the Servicemembers Civil Relief Act, in a May 3 complaint filed in U.S. District Court, White Plains.
New City Funding did not reply to an email asking for its side of the story.
The Act was signed into law by President George W. Bush in 2003, the complaint states, in part to ease economic and legal burdens on military personnel called to active duty status in Operation Iraqi Freedom. The law revised the World War II-era Soldiers and Sailors Civil Relief Act and builds on protections for the armed services that date back to the War of 1812.
Personal property, including cars, may not be repossessed without a court order, according to the complaint, where a deposit or installment has been paid before the individual entered military service.
In April 2022, when White was a civilian, he bought a 2012 Jeep Compass from SG Used Autos in Tonawanda, New York.
He signed a retail installment contract, according to the complaint, and the contract was assigned to New City Funding.
White claims he made several payments on the Jeep.
Then he signed up for the Air Force last September, officially enlisted on Oct. 18 and reported to basic training in Tampa on Oct. 19.
A service member does not have to notify a creditor about his or her active-duty status, according to the complaint, but White says he did discuss his status with New City Funding representatives by email and telephone.
But ten days after he enlisted, New City Funding allegedly had the car repossessed, without obtaining a court order, and later sold it at auction.
White is demanding unspecified damages, including consequential and punitive damages, and a court order directing New City Funding to delete negative credit information on file with major credit reporting agencies.
He is represented by Asbury Park, New Jersey attorney Yitzchak Zelman.
